Officer Johnson was patrolling in a rural area and as he drove down one country road he saw what he believed was marijuana growing in a soybean field.He stopped the car and walked across the field to get a closer look.It was a large cultivated patch of marijuana.The marijuana was seized and the owner of the field was arrested on the appropriate drug charges.The owner of the property challenged the search claiming that a warrant was needed to do a legal search in these circumstances.The judge will agree with the property owner and exclude the evidence.

Question

Quizplus · Accepted Answer

The officer observed what he believed to be illegal activity (marijuana growing) from a place where he was legally allowed to be (the country road), making his approach to confirm his suspicion and the subsequent seizure of the marijuana likely fall under the plain view doctrine, which does not require a warrant.

Officer Johnson Was Patrolling in a Rural Area and as He